Law / United States / 
Kentucky
Insurance Code limits on use and disclosure of genetic tests by health benefit plans and insurers
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition, Consent
As of .
What it requires
- If you offer or administer a group or individual health benefit plan, do not deny, cancel or refuse to renew medical care benefits or coverage, or vary the premiums, terms or conditions, for a participant or beneficiary on the basis of a genetic test for which symptoms have not manifested, or because the participant or beneficiary requested or received genetic services (KRS 304.12-085(2)).
- If you offer a group or individual health benefit plan, health insurance in connection with a health benefit plan, or a disability income plan, do not request or require an applicant, participant or beneficiary to disclose any genetic test (KRS 304.12-085(3)).
- If you offer a group or individual health benefit plan, or health insurance in connection with a health benefit plan, do not disclose any genetic test about a participant or beneficiary without the participant's prior authorization, which you must obtain for each disclosure (KRS 304.12-085(4)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
Kentucky Commissioner of Insurance (Department of Insurance), who may impose a civil penalty under KRS 304.99-020(1) for a violation of the Insurance Code where the commissioner has the power to revoke or suspend a license or certificate of authority.
What this law does
In the case of benefits consisting of medical care provided under, offered by, or in connection with a group or individual health benefit plan, the plan or insurer may not deny, cancel, or refuse to renew the benefits or coverage, or vary the premiums, terms, or conditions, for any participant or beneficiary on the basis of a genetic test for which symptoms have not manifested, or on the basis that the participant or beneficiary has requested or received genetic services.
A group or individual health benefit plan, an insurer offering health insurance in connection with a health benefit plan, or an insurer offering a disability income plan may not request or require an applicant, participant, or beneficiary to disclose any genetic test.
A group or individual health benefit plan or an insurer offering health insurance in connection with a health benefit plan may not disclose any genetic test about a participant or beneficiary without the participant's prior authorization, and the authorization is required for each disclosure. The section was created in 1974 and was amended by chapter 496 of the 1998 Acts, effective .
When LexLint raises it
When your app profile says your app processes biometric data or is an insurer.